Legal Question in Real Estate Law in India
Transfer of Property act
My Grandfather purchased an agriculture land jointly with one of our relative. We purchased the relatives portion for Rs.95 for which the unregistered sale deed was signed by him in our favour. One witness who signed on the unregistered document have died. Now the legal heirs of the deceased relative are claiming their share & saying that the sign on unregistered document are fabricated. More than thirty years have passed the unregistered sale deed was signed. What should I do so as to prove that the sale deed is original & not fake.
3 Answers from Attorneys
Re: Transfer of Property act
It is for the heirs of the seller to prove that sale deed is fabricated, since they are now claiming so. You need not indulge into proving it to be genuine.
If name of relative of your grandfather, who sold his/her share was deleted/removed based on aforesaid sale deed, then you need not bother for such claims of heirs of seller.
Re: Transfer of Property act
Your document is genuine. If possible prove the genuinty of the signatures of the assigness in the document.
Re: Transfer of Property act
Since the document is more than 30 yrs. old hence as per section 91 of evidence Act it is genuine.However you may prove the signatures by origional and admitted signatures of seller and deceased witness in order to prove the genuiness of sale deed.
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